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28 days after winning tribunal no SOR

melissahicking2019melissahicking2019 Posts: 96Member Connected
edited June 13 in PIP, DLA and AA
I have a small question . Recently my friend won his tribunal appeal on the 17th may exactly 27days today. 

We we have been in touch with the DWP last rang them this Monday and the case is still with the appeals team.

we asked about any chance that DWP would appeal and they only say that they have 28days / 1 month to do so but there was nothing on computer about it. no letters have been sent either.

1 month date is on Monday the 17th but 28days would be tomorow. 

I guess what I'm asking is would the DWP of made us aware if they where going to appeal .

Do they have to send a letter out and is it 28days from day of tribunal or a month making the deadline the 17th June.  

Im hoping that they are not asking for an SOR and that it's very unlikely considering there is only 3 days or 1 day left for the letter to of arrived if they had of been requesting an SOR.

if there's no letter by Monday can I tell my friend to expect his payment shortly and that there's no chance of appeal now and so we can all rest.

thank you for any advice.

Replies

  • atlas46atlas46 Posts: 634Community champion Pioneering
    Hi @melissahicking2019

    The simple answer is the DWP would not go to the UT to appeal the case.

    The claim should be in payment shortly, tell your friend to keep an eye on their bank account, as monies often arrive, before award letter.
  • Chloe_ScopeChloe_Scope Posts: 1,957Administrator Scope community team
    Hi @melissahicking2019, I believe your friends payment should be received soon. Fingers crossed!
  • melissahicking2019melissahicking2019 Posts: 96Member Connected
    edited June 13
    Thank  you for your reply's. me and my friend are very greatfull of all the help we have received from this forum.

    However , we are still none the wiser and still have a few burning unanswered questions.

    1.Would we of received a letter by now if the DWP had any intention of asking for a SOR as we are now on the 28th day.. (Can the DWP ask for the SOR after 28 days)

    2.Would the DWP be obliged to inform us of there intentions.

    3. If they where intending on asking for an SOR would they of informed us by now (day 28) or would they just not tell us for us to receive a letter after the 28day deadline telling us they have requested an SOR.

    me and my friend are just very paranoid that the DWP could be requesting a SOR behind our back 

    But when we rang them this monday they said there was nothing on computer about SOR or appeals other thabn his case was still with the appeal team.

    We just cant help but worry after hearing so many horror stories.

    We are hoping that the 28day deadline means that they have 28 days to INFORM THE CLAIMENT of thier intentions to request an SOR ect.

    Also we found out on monday that the DWP received the courts Bundle on the 4th june
    But they received the tribunal decision on the 21st of may 3 days after the tribunal which took place on the 17th of May.

    So does the DWP have 28 days

    from the 4th of june

    or
    the 21st of may

    or
    the 17th of may.

    And would they have to inform us in any case.

    Or could we still receive a letter after the 28 day deadline because the DWP made there decision to  request an SOR (lets say on the 26th day after tribunal)

    I hope you can see our frustrations but Thanks again.



  • poppy123456poppy123456 Posts: 10,092Community champion Disability Gamechanger
    It's 1 month from the date of the decision, not 28 days.

    If they are going to request the SOR they will write to your friend to tell him they are requesting it. Sometimes they request it but not always. If they do request it, it doesn't mean they are appealing the decision.

    Stressful i know but there's really nothing further any of you can do until you hear from DWP. Hopefully it won't be too much longer.
  • melissahicking2019melissahicking2019 Posts: 96Member Connected
    It's 1 month from the date of the decision, not 28 days. thank you poppy.

    So can we say that if we have not received any letter by the 17th of june then they would not be requesting the SOR and my frioend can rest easy and simply await his payments. 

    Or should we still wait further after that date as the DWP could send us a letter after the 17th of june stating they requested a SOR on the 16th of june ect..

    Thank you.
  • poppy123456poppy123456 Posts: 10,092Community champion Disability Gamechanger
    I would just wait...
  • melissahicking2019melissahicking2019 Posts: 96Member Connected
    lol. we have little choice but to wait. but my friend is full of questions and i have little answers for him. im just waiting for the day to come where i can say to him ,yes your 100% awarded PIP and they are not asking for an SOR or appealing and just to wait for the payments to begin.

    Until i tell him that he finds a new question for me every time i see him..

    But thanks for everybodys help.


  • atlas46atlas46 Posts: 634Community champion Pioneering
    atlas46 said:
    Hi @melissahicking2019

    The simple answer is the DWP would not go to the UT to appeal the case.

    The claim should be in payment shortly, tell your friend to keep an eye on their bank account, as monies often arrive, before award letter.
    Please read my above post, again.

    No the DWP will not appeal and you need to wait till payments are in play.

    Whilst I understand frustrations are at play, we can only give you the facts as we see them.

    You may wish to seek face to face advice, from say CAB, if you feel you need further guidance and support.

    With best wishes.
  • melissahicking2019melissahicking2019 Posts: 96Member Connected
    No the DWP will not appeal and you need to wait till payments are in play.

    Thank you for your reply, unfortunately i and my friend lack the experience and knowledge to share your confidence. But i will again inform my friend what you have suggested,  Im sure he will find another question for me though lol.

    Thanks again.

  • atlas46atlas46 Posts: 634Community champion Pioneering
    Hi @melissahicking2019

    Please do no think I am being patronising to you and your friend.

    All I am trying to do is ease your concerns, the DWP is the most patronising organ of state.

    Why I am so sure that the DWP will not appeal, because Upper Tribunal(UT) are made public and I have taken the trouble to review these UT decisions over the past two years. There has been no appeals by the DWP, because at the UT the DWP has had a good kicking and lost badly.

    Please feel free to ask as many questions as you feel fit, we are all on this forum to help one and another.

    Disability has (unfortunately) has no boundaries.

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